SWAIN ET AL.

v.

BOARD OF ADJUSTMENT OF THE CITY OF UNIVERSITY PARK ET AL.

Citator

Cited By

• Albany Welf. Rights Org. v. Wyman, 493 F.2d 1319 (2d Cir. 1974)
  …dge Pettine in his well-reasoned opinion in Unemployed Workers Union v. Hackett, 332 F.Supp. 1372 (D.R. I.1971), and the dictum of the three-judge court in Hurley v. Hinckley, 304 F.Supp. 704, 711-712 (D.Mass.1969), aff’d sub nom., Doyle v. O’Brien, 396 U.S. 277, 90 S.Ct. 603, 24 L.Ed.2d 469 (1970). See also Indiana Consumers and Workers Union et al. v. Swaim, Civ. No. 72F5 (D.C.Ind., July 12, 1972) (unreported). The District Court found the “conduct” here significantly different from that described by Jud…
• Shelton v. City OF Coll. Station, 754 F.2d 1251 (5th Cir. 1985)
  …operty. Board of Adjustment of City of San Antonio v. Willie, 511 S.W. 2d 591 (Tex.Civ.App.1974; writ ref. n.r.e.); Swain v. Board of Adjustment of City of University Park, Texas, 433 S.W. 2d 727 (Tex.Civ.App.1968; writ dism’d w.o.j.), cert. denied, 396 U.S. 277, 90 S.Ct. 563, 24 L.Ed.2d 465 (1970). Texas law in general recognizes a judicial remedy for a property owner aggrieved by an arbitrary and unreasonable zoning action by a municipal agency, Hunt v. City of San Antonio, 462 S.W. 2d 536, 539 (Tex.1971)…
• Gov't OF the Canal Zone v. Jose Castillo L. (Lopez), 568 F.2d 405 (5th Cir. 1978)
  …s prohibition can have only one meaning: right, permission, or license recognized by law as permitting an entry into the areas described in the statute. See Hurley v. Hinckley, D.Mass., 1969, 304 F.Supp. 704, aff’d sub. nom., Doyle v. O’Brien, 1970, 396 U.S. 277, 90 S.Ct. 603, 24 L.Ed.2d 469. We hold that this language affords both potential offenders and those charged with the statute’s enforcement sufficient information as to the conduct that is prohibited to satisfy the Fifth Amendment due process notice…